NETWORK WORLD NEWSLETTER: GIBBS & BRADNER 08/19/04 Dear [EMAIL PROTECTED],
In this issue: * Net Insider columnist Scott Bradner discusses the FCC's ��current stand on Internet wiretapping * Links related to Gibbs & Bradner * Featured reader resource _______________________________________________________________ This newsletter is sponsored by McAfee Visit the Enterprise Security Center, sponsored by McAfee(r), for an exclusive collection of news, whitepapers, information, analysis and strategy for securing your networks and systems. Learn new strategies for securing your servers and protecting your desktops from viruses. Get the latest information on how to stay on top of the latest threats to your network and bolster your skills in synergizing your IT staff as a critical business asset. http://www.fattail.com/redir/redirect.asp?CID=72596 _______________________________________________________________ CHECK OUT NW FUSION'S NEW WHITE PAPER LIBRARY Just launched: NW Fusion's White Paper Library with new features and improved capabilities! Sort NW Fusion's library of white papers by Date and Vendor, view white papers by TECHNICAL CATEGORY, mouse over white paper descriptions and take advantage of our IMPROVED white paper search engine. CLICK HERE: http://www.fattail.com/redir/redirect.asp?CID=72520 _______________________________________________________________ Today's focus: FCC chooses middle road on 'Net wiretapping By Scott Bradner The FCC seems to have decided to take a path between the open road and a guarded tunnel when it comes to the Internet, but the jury is still out. In March I wrote about a "Joint Petition for Expedited Rulemaking" ( <http://www.nwfusion.com/columnists/2004/0322bradner.html> ) that the Department of Justice, Drug Enforcement Administration and FBI sent to the FCC. The petition asked the FCC to come up with rules to clearly permit wiretapping the Internet and Internet-based services (and to have service providers pay for the required network upgrades). The FCC has just published a "Notice of Proposed Rulemaking" ( <http://www.nwfusion.com/edge/news/2004/0804fcctakes.html> ) (NPRM) in response to the petition that details its tentative decision and includes requests for comments on particular issues. The FCC published the NPRM on its Web site ( <http://www.nwfusion.com/nlgibrad518> ) and included statements by some of the FCC commissioners. The FCC is about to start on a 45-day comment period, and things could change in response to comments received, but some of the high-level conclusions seem clear. The FCC has "tentatively" decided the Communications Assistance for Law Enforcement Act (CALEA) applies to "facilities-based providers of any type of broadband Internet service" (wholesale and retail). This includes wireline-, cable- modem-, satellite- and powerline-based ISPs. The FCC will propose "mechanisms to ensure that telecommunications carriers comply with CALEA." The FCC also has tentatively decided that CALEA also applies to "managed" VoIP or instant-messaging services. At the same time, the commission tentatively decided that it would not need to identify future services and entities that also would be subject to CALEA because the final FCC order will make it clear enough. The FCC does not assume it has all the answers and asks for comments on issues such as the state of CALEA-type standards for the Internet and the feasibility of carriers relying on third parties to manage a carrier's CALEA functions. The FCC's tentative conclusion is that CALEA does not apply to non-moderated (for example, point-to-point) VoIP and IM applications or to non-facilities-based ISPs. The FCC could change its mind after receiving comments or Congress could change the rules, but, at first pass and without much detail, the decisions seem as balanced as one might hope for. They avoid the innovation-killing application pre-screening process and an impossible-to-enforce CALEA extension to Internet applications other than VoIP and IM. Some of the commissioners are worried the FCC might be going beyond the current law or that the conclusions are on "very shaky ground." But, as one of the commissioners pointed out, in the end it will be the courts (and Congress, then the courts) that make the final decision. We are at an important stage in the evolution of the Internet. The 'Net cannot be considered just a toy, even if some telco folk still think it is one, when law enforcement starts to see it as yet another observation tool. (But that is kind of a sad milestone.) Disclaimer: At its age, Harvard has had lots of milestones, sad and happy, but it's not "yet another law-enforcement tool" and the above opinion is mine. _______________________________________________________________ To contact: Scott Bradner Bradner is a consultant with Harvard University's University Information Systems. He can be reached at <mailto:[EMAIL PROTECTED]> _______________________________________________________________ This newsletter is sponsored by McAfee Visit the Enterprise Security Center, sponsored by McAfee(r), for an exclusive collection of news, whitepapers, information, analysis and strategy for securing your networks and systems. Learn new strategies for securing your servers and protecting your desktops from viruses. Get the latest information on how to stay on top of the latest threats to your network and bolster your skills in synergizing your IT staff as a critical business asset. http://www.fattail.com/redir/redirect.asp?CID=72596 _______________________________________________________________ ARCHIVE LINKS Gibbs archive: http://www.nwfusion.com/columnists/gibbs.html Bradner archive: http://www.nwfusion.com/columnists/bradner.html _______________________________________________________________ FEATURED READER RESOURCE WONDERING IF YOUR PAY IS UP TO SNUFF? Check out Network World's 2004 Salary Calculator to see if you're getting paid what you're worth. Using data collected in the 2004 Network World Salary Survey, we've programmed this calculator with several categories that could affect your pay. Answer the questions and find out what the average salary is for your job category. 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